November 8, 2011 - Introduced by Law Revision Committee. Referred to
Committee on Judiciary, Utilities, Commerce, and Government Operations.
SB285,1,2 1An Act relating to: affecting various provisions of the statutes to correct errors
2and reconcile conflicts (Correction Bill).
Analysis by the Legislative Reference Bureau
This correction bill was prepared by the Legislative Reference Bureau under s.
13.92 (1) (bm) 1. and 2. and (2) (i) and (L), stats. Specific changes are explained in
the Notes in the body of the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB285, s. 1 3Section 1. The treatment of 15.08 (1m) (b) of the statutes by 2009 Wisconsin
4Act 106
is not repealed by 2009 Wisconsin Act 149. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 15.08 (1m) (b) reads:
(b) The public members of the chiropractic examining board, the dentistry
examining board, the hearing and speech examining board, the medical examining
board, the physical therapy examining board, perfusionists examining council,
respiratory care practitioners examining council and council on physician assistants, the
board of nursing, the nursing home administrator examining board, the veterinary
examining board, the optometry examining board, the pharmacy examining board, the
marriage and family therapy, professional counseling, and social work examining board,
the psychology examining board, and the radiography examining board shall not be

engaged in any profession or occupation concerned with the delivery of physical or mental
health care.
SB285, s. 2 1Section 2. The treatment of 15.085 (1m) (b) of the statutes by 2009 Wisconsin
2Act 113
is not repealed by 2009 Wisconsin Act 149. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau s. 15.085 (1m) (b) reads:
(b) The public members of the podiatry affiliated credentialing board or
occupational therapists affiliated credentialing board shall not be engaged in any
profession or occupation concerned with the delivery of physical or mental health care.
SB285, s. 3 3Section 3 . 20.437 (1) (jm) of the statutes, as affected by 2009 Wisconsin Act
476
, section 1j, is amended to read:
SB285,2,125 20.437 (1) (jm) Licensing activities. All moneys received from licensing
6activities under ss. 48.60, 48.62, 48.625, and 938.22 (7), from fees under ss. 48.615,
748.625, and 938.22 (7) (b) and (c), and from fees under s. 48.685 (8) charged to entities
8other than day child care centers or day child care providers, for the costs of licensing
9child welfare agencies under s. 48.60, foster homes under s. 48.62, group homes
10under s. 48.625, and shelter care facilities under s. 938.22 (7) and for the purposes
11specified in s. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a) with respect to those
12entities.
Note: Inserts correct term. 2009 Wis. Act 76 inserted references to "day care."
2009 Wis. Act 185 changed "day care" to "child care" throughout the statutes without
taking account of the treatment by Act 76.
SB285, s. 4 13Section 4. 20.437 (2) (jn) of the statutes, as affected by 2009 Wisconsin Acts
1476
and 185, is amended to read:
SB285,3,315 20.437 (2) (jn) Child care licensing and certification activities. All moneys
16received from licensing activities under s. 48.65, from certifying activities under s.
1748.651, from fees under ss. 48.65 (3) and 48.651 (2), and from fees under s. 48.685 (8)
18charged to day child care centers and day child care providers for the costs of
19licensing child care centers under s. 48.65 and of certifying child care providers under

1s. 48.651 and for the purposes specified in s. 48.685 (2) (am), (ar), and (b) 1. and 2.,
2(3) (am) and (bm), and (5) (a) with respect to day child care centers and day child care
3providers.
Note: Inserts correct term. 2009 Wis. Act 76 inserted four references to "day care"
in this provision. 2009 Wis. Act 185 changed two previously existing references from "day
care" to "child care" and made similar changes throughout the statutes without taking
the treatment by Act 76 into account.
SB285, s. 5 4Section 5. 23.24 (2) (a) 4. of the statutes is amended to read:
SB285,3,65 23.24 (2) (a) 4. Administer and establish by rule procedures and requirements
6for the issuing of aquatic plants plant management permits required under sub. (3).
Note: Makes terminology consistent with the remainder of ch. 23.
SB285, s. 6 7Section 6. 23.33 (5r) (e) of the statutes is amended to read:
SB285,3,138 23.33 (5r) (e) If a private landowner enters into an agreement with a county
9to allow a public all-terrain vehicle corridor on the landowner's land for a period of
10at least 5 years, the landowner shall receive a supplemental payment, in addition to
11the payment as calculated under par. (c) (d), that equals 10 percent of the payment
12calculated under par. (c) (d) for each full or partial fiscal year that is included in the
135-year period.
Note: Corrects cross-reference. Section 23.33 (5r) (d) provides the method for
calculating incentive payments. Section 23.33 (5r) (c) requires the forester or another
employee of each county in which a public all-terrain vehicle corridor is located to
measure the length of the corridor for the purpose of calculating the incentive payment.
SB285, s. 7 14Section 7. 23.33 (5r) (g) of the statutes is amended to read:
SB285,3,1715 23.33 (5r) (g) During fiscal year 2007-08, the department may expend up to
16$100,000 from the appropriation under s. 20.370 (5) (cu) (cv) for incentive payments
17under this program.
Note: Corrects cross-reference. Section 20.370 (5) (cv) is the appropriation for
incentive payments to landowners for public all-terrain vehicle corridors. Section 20.370
(5) (cu) is the appropriation for payments to governmental units, under a separate
program for all-terrain vehicle projects.
SB285, s. 8
1Section 8. 26.39 (7) (a) of the statutes, as affected by 2009 Wisconsin Acts 28
2and 181, is amended to read:
SB285,4,103 26.39 (7) (a) From the appropriation under s. 20.370 (5) (ax), the department
4shall establish a scholarship grant program to assist individuals who are seeking
5certification by the Great Lakes Timber Professionals Association as master loggers
6or who are seeking logger safety training certified by the Wisconsin Professional
7Loggers
Great Lakes Timber Professionals Association. A scholarship grant under
8the program may not exceed 50 percent of the total cost of receiving the certification
9or training. The department shall promulgate rules that establish criteria for the
10program.
Note: 2009 Wis. Act 181 changed "Wisconsin Professional Loggers Association" to
"Great Lakes Timber Professionals Association" throughout the statutes but did not take
into account the treatment of s. 26.39 (7) (a) by 2009 Wis. Act 28, which added the
reference stricken above.
SB285, s. 9 11Section 9. 29.304 (3) (a) 1. of the statutes, as affected by 2009 Wisconsin Act
1239
, is amended to read:
SB285,4,1413 29.304 (3) (a) 1. Is accompanied by his or her parent or guardian or by a person
14at least 18 years of age who is designated by the parent or guardian; or
Note: The underscored "or" was deleted by 2009 Wis. Act 39 without being shown
as stricken. No change was intended.
SB285, s. 10 15Section 10. 40.03 (2) (it) of the statutes is repealed.
Section 40.03 (2) (it) provided for the promulgation of rules "required for the
administration of the private employer health care coverage program established under
subch. X." Subchapter X of Chapter 40 was repealed 1-1-10 by 1999 Wis. Act 9.
SB285, s. 11 16Section 11. The treatment of 45.40 (3m) of the statutes by 2009 Wisconsin Act
1737
is not repealed by 2009 Wisconsin Act 113. Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 45.40 (3m) reads:
(3m) Rules. The department shall promulgate rules establishing eligibility
criteria and household income limits for payments under subs. (1m), (2), and (2m). The
department may not include in the rules establishing eligibility criteria and household

income limits any consideration of the first $50,000 of cash surrender value of any life
insurance that is available to the veteran's household.
SB285, s. 12 1Section 12. 48.299 (9) of the statutes, as created by 2009 Wisconsin Act 94, is
2amended to read:
SB285,5,123 48.299 (9) If at any point in the proceeding the court determines or has reason
4to know that the child is an Indian child, the court shall provide notice of the
5proceeding to the child's parent, Indian custodian, and tribe in the manner specified
6in s. 48.028 (4) (a). The next hearing in the proceeding may not be held until at least
710 days after receipt of the notice by the parent, Indian custodian, and tribe or, if the
8identity or location of the parent, Indian custodian, expectant mother, or tribe cannot
9be determined, until at least 15 days after receipt of the notice by the U.S. secretary
10of the interior. On request of the parent, Indian custodian, or tribe, the court shall
11grant a continuance of up to 20 additional days to enable the requester to prepare
12for that hearing.
Note: Provides for parallel construction within the affected sentence, which
contains no antecedent for "the ... expectant mother." Removal of the term makes the
provision consistent with the notice provisions of s. 48.028 (4) (a) and makes the affected
sentence congruent with those contained in ss. 48.42 (2g) (ag), 48.357 (2m) (br), and
48.357 (1) (c) 2r., as created by 2009 Wis. Act 94. Drafting records for Act 94 show that
references to "expectant mothers" were included in drafts of Act 94 but removed prior to
the final version.
SB285, s. 13 13Section 13. 48.32 (1) (b) 1. c. of the statutes, as affected by 2009 Wisconsin Acts
1479
and 185, is amended to read:
SB285,5,1815 48.32 (1) (b) 1. c. If a permanency plan has previously been prepared for the
16child, a finding as to whether the county department, department, or agency has
17made reasonable efforts to achieve the goal of the child's permanency plan, including,
18if appropriate, through an out-of-state placement,.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 14
1Section 14. 48.33 (4) (c) of the statutes, as affected by 2009 Wisconsin Acts 79
2and 185, is amended to read:
SB285,6,133 48.33 (4) (c) Specific information showing that continued placement of the child
4in his or her home would be contrary to the welfare of the child, specific information
5showing that the county department, the department, in a county having a
6population of 500,000 or more, or the agency primarily responsible for providing
7services to the child has made reasonable efforts to prevent the removal of the child
8from the home, while assuring that the child's health and safety are the paramount
9concerns, unless any of the circumstances specified in s. 48.355 (2d) (b) 1. to 5.
10applies, and, if a permanency plan has previously been prepared for the child,
11specific information showing that the county department, department, or agency has
12made reasonable efforts to achieve the goal of the child's permanency plan, including,
13if appropriate, through an out-of-state placement,.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 15 14Section 15. 48.335 (3g) (c) of the statutes, as affected by 2009 Wisconsin Acts
1579
and 185, is amended to read:
SB285,6,1916 48.335 (3g) (c) That, if a permanency plan has previously been prepared for the
17child, the county department, department, or agency has made reasonable efforts to
18achieve the goal of the child's permanency plan, including, if appropriate, through
19an out-of-state placement,.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 16
1Section 16. 48.355 (2) (b) 6. of the statutes, as affected by 2009 Wisconsin Acts
279
and 185, is amended to read:
SB285,7,203 48.355 (2) (b) 6. If the child is placed outside the home, a finding that continued
4placement of the child in his or her home would be contrary to the welfare of the child,
5a finding as to whether the county department, the department, in a county having
6a population of 500,000 or more, or the agency primarily responsible for providing
7services under a court order has made reasonable efforts to prevent the removal of
8the child from the home, while assuring that the child's health and safety are the
9paramount concerns, unless the court finds that any of the circumstances specified
10in sub. (2d) (b) 1. to 5. applies, and, if a permanency plan has previously been
11prepared for the child, a finding as to whether the county department, department,
12or agency has made reasonable efforts to achieve the goal of the child's permanency
13plan, including, if appropriate, through an out-of-state placement,. The court shall
14make the findings specified in this subdivision on a case-by-case basis based on
15circumstances specific to the child and shall document or reference the specific
16information on which those findings are based in the court order. A court order that
17merely references this subdivision without documenting or referencing that specific
18information in the court order or an amended court order that retroactively corrects
19an earlier court order that does not comply with this subdivision is not sufficient to
20comply with this subdivision.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 17 21Section 17. The treatment of 48.363 (1) (b) of the statutes by 2009 Wisconsin
22Act 79
, section 38, is not repealed by 2009 Wisconsin Act 94, section 100. Both
23treatments stand.

Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.363 (1) (b) reads:
(b) If a hearing is held, at least 3 days before prior to the the hearing the court shall
notify the child, the child's parent, guardian, legal custodian, and Indian custodian, all
parties bound by the dispositional order, the child's foster parent, treatment foster
parent, or other physical custodian described in s. 48.62 (2), the child's court-appointed
special advocate, the district attorney or corporation counsel in the county in which the
dispositional order was entered, and, if the child is an Indian child who is placed outside
the home of his or her parent or Indian custodian, the Indian child's tribe. If the child is
the expectant mother of an unborn child under s. 48.133, the court shall also notify the
unborn child by the unborn child's guardian ad litem. If the proceeding involves an adult
expectant mother of an unborn child under s. 48.133, the court shall notify the adult
expectant mother, the unborn child through the unborn child's guardian ad litem, all
parties bound by the dispositional order, and the district attorney or corporation counsel
in the county in which the dispositional order was entered. A copy of the request or
proposal shall be attached to the notice. If all parties consent, the court may proceed
immediately with the hearing. No revision may extend the effective period of the original
order.
SB285, s. 18 1Section 18. 48.365 (2m) (a) 1. and 1m. of the statutes, as affected by 2009
2Wisconsin Act 79
, section 44, and 2009 Wisconsin Act 94, section 106, and 2009
3Wisconsin Act 185
, section 17, are amended to read:
SB285,8,144 48.365 (2m) (a) 1. Any party may present evidence relevant to the issue of
5extension. If the child is placed outside of his or her home, the person or agency
6primarily responsible for providing services to the child shall present as evidence
7specific information showing that the person or agency has made reasonable efforts
8to achieve the goal of the child's permanency plan, including, if appropriate, through
9an out-of-state placement, under. If an Indian child is placed outside the home of
10his or her parent or Indian custodian, the person or agency primarily responsible for
11providing services to the Indian child shall also present as evidence specific
12information showing that active efforts under s. 48.028 (4) (d) 2. have been made to
13prevent the breakup of the Indian child's family and that those efforts have proved
14unsuccessful.
SB285,9,715 1m. The judge shall make findings of fact and conclusions of law based on the
16evidence. The findings of fact shall include a finding as to whether reasonable efforts

1were made by the person or agency primarily responsible for providing services to
2the child to achieve the goal of the child's permanency plan, including, if appropriate,
3through an out-of-state placement, under. If the child is an Indian child who is
4placed outside the home of his or her parent or Indian custodian, the findings of fact
5shall also include a finding that active efforts under s. 48.028 (4) (d) 2. were made to
6prevent the breakup of the Indian child's family and that those efforts have proved
7unsuccessful. An order shall be issued under s. 48.355.
Note: 2009 Wis. Act 185 deleted a comma where each underscored comma is
inserted, but the reinsertion of those commas was made necessary by the treatment by
2009 Wis. Act 79. Act 79 inserted the stricken commas, but they were rendered
unnecessary by the treatment by Act 185. 2009 Wis. Act 94 inserted the two instances
of the word "under" that are stricken here, but they were rendered surplusage by the Act
185 treatment.
SB285, s. 19 8Section 19. The treatment of 48.365 (2m) (ag) of the statutes by 2009
9Wisconsin Act 79
, section 48, is not repealed by 2009 Wisconsin Act 94, section 110.
10Both treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.365 (2m) (ag) reads:
(ag) The court shall give a foster parent, treatment foster parent, or other physical
custodian described in s. 48.62 (2) who is notified of a hearing under sub. (2) a right to be
heard at the hearing by permitting the foster parent, treatment foster parent, or other
physical custodian to make a written or oral statement during the hearing, or to submit
a written statement prior to the hearing, relevant to the issue of extension. A foster
parent, treatment foster parent, or other physical custodian who receives notice of a
hearing under sub. (2) and a right to be heard under this paragraph does not become a
party to the proceeding on which the hearing is held solely on the basis of receiving that
notice and having the right to be heard.
SB285, s. 20 11Section 20. 48.365 (2m) (ag) of the statutes, as affected by 2009 Wisconsin Act
12Act 94, section 111, is amended to read:
SB285,9,1613 48.365 (2m) (ag) The court shall give a foster parent or other physical custodian
14described in s. 48.62 (2) who is notified of a hearing under sub. (2) an opportunity a
15right
to be heard at the hearing by permitting the foster parent or other physical
16custodian to make a written or oral statement during the hearing, or to submit a

1written statement prior to the hearing, relevant to the issue of extension. A foster
2parent or other physical custodian who receives notice of a hearing under sub. (2) and
3an opportunity a right to be heard under this paragraph does not become a party to
4the proceeding on which the hearing is held solely on the basis of receiving that notice
5and having the opportunity right to be heard.
Note: 2009 Wis. Act 94, section 111, repealed and recreated s. 48.365 (2m) (ag)
without taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act
79
, section 49. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both treatments.
SB285, s. 21 6Section 21. 48.38 (4m) of the statutes, as affected by 2009 Wisconsin Act 79,
7sections 56 and 57, and 2009 Wisconsin Act 94, sections 113 and 114, is repealed and
8recreated to read:
SB285,10,199 48.38 (4m) Reasonable efforts not required; permanency plan
10determination hearing.
(a) If in a proceeding under s. 48.21, 48.32, 48.355, 48.357,
11or 48.365 the court finds that any of the circumstances under s. 48.355 (2d) (b) 1. to
125. applies with respect to a parent, the court shall hold a hearing within 30 days after
13the date of that finding to determine the permanency plan for the child. If a hearing
14is held under this paragraph, the agency responsible for preparing the permanency
15plan shall file the permanency plan with the court not less than 5 days before the date
16of the hearing. At the hearing, the court shall consider placing the child in a
17placement outside this state if the court determines that such a placement would be
18in the best interests of the child and appropriate to achieving the goal of the child's
19permanency plan.
SB285,11,420 (b) At least 10 days before the date of the hearing the court shall notify the child;
21any parent, guardian, and legal custodian of the child; any foster parent, or other
22physical custodian described in s. 48.62 (2) of the child, the operator of the facility

1in which the child is living, or the relative with whom the child is living; and, if the
2child is an Indian child, the Indian child's Indian custodian and tribe of the time,
3place, and purpose of the hearing, of the issues to be determined at the hearing, and
4of the fact that they shall have a right to be heard at the hearing.
SB285,11,195 (c) If the child's permanency plan includes a statement under sub. (4) (i)
6indicating that the child's age and developmental level are sufficient for the court to
7consult with the child regarding the child's permanency plan or if, notwithstanding
8a decision under sub. (4) (i) that it would not be appropriate for the court to consult
9with the child, the court determines that consultation with the child would be in the
10best interests of the child, the court shall consult with the child, in an
11age-appropriate and developmentally appropriate manner, regarding the child's
12permanency plan and any other matters the court finds appropriate. If none of those
13circumstances apply, the court may permit the child's caseworker, the child's counsel,
14or, subject to s. 48.235 (3) (a), the child's guardian ad litem to make a written or oral
15statement during the hearing, or to submit a written statement prior to the hearing,
16expressing the child's wishes, goals, and concerns regarding the permanency plan
17and those matters. If the court permits such a written or oral statement to be made
18or submitted, the court may nonetheless require the child to be physically present
19at the hearing.
SB285,12,220 (d) The court shall give a foster parent, other physical custodian described in
21s. 48.62 (2), operator of a facility, or relative who is notified of a hearing under par.
22(b) a right to be heard at the hearing by permitting the foster parent, other physical
23custodian, operator, or relative to make a written or oral statement during the
24hearing, or to submit a written statement prior to the hearing, relevant to the issues
25to be determined at the hearing. The foster parent, other physical custodian,

1operator of a facility, or relative does not become a party to the proceeding on which
2the hearing is held solely on the basis of receiving that notice and right to be heard.
Note: 2009 Wis. Act 79, section 56, and 2009 Wis. Act 94, section 113, create very
similar, but not identical, provisions that are numbered s. 48.38 (4m). This treatment
gives effect to both acts by merging the text of the two provisions and eliminating minor
differences in punctuation and sentence structure. The provision created as s. 48.38 (4m)
(c) in Act 94 is created as s. 48.38 (4m) (d) in Act 79, and a provision with no counterpart
in Act 94 is created as s. 48.38 (4m) (c) in Act 79. The provision created as 48.38 (4m) (c)
in Act 79 is recreated here as s. 48.38 (4m) (c), and the provision created as s. 48.38 (4m)
(c) in Act 94 and as s. 48.38 (4m) (d) in Act 79 is recreated here as s. 48.38 (4m) (d). Act
79, section 57, and Act 94, section 114, each eliminated the phrase "treatment foster
parent" in s. 48.38 (4m), as created by the respective acts, as of January 1, 2011.
SB285, s. 22 3Section 22. The treatment of 48.38 (5) (b) of the statutes by 2009 Wisconsin
4Act 79
, section 58, is not repealed by 2009 Wisconsin Act 94, section 115. Both
5treatments stand.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 48.38 (5) (b) reads:
(b) The court or the agency shall notify the child; the child's parent, guardian, and
legal custodian; and the child's foster parent or treatment foster parent, the operator of
the facility in which the child is living, or the relative with whom the child is living; and,
if the child is an Indian child who is placed outside the home of his or her parent or Indian
custodian, the Indian child's Indian custodian and tribe of the time, place, and purpose
of the review, of the issues to be determined as part of the review, and of the fact that they
shall have a right to be heard at the review as provided in par. (bm) 1. The court or agency
shall notify the person representing the interests of the public, the child's counsel, the
child's guardian ad litem, and the child's court-appointed special advocate of the time,
place, and purpose of the review, of the issues to be determined as part of the review, and
of the fact that they may have an opportunity to be heard at the review as provided in par.
(bm) 1. The notices under this paragraph shall be provided in writing not less than 30
days before the review and copies of the notices shall be filed in the child's case record.
SB285, s. 23 6Section 23 . 48.38 (5) (b) of the statutes, as affected by 2009 Wisconsin Act 94,
7section 116, is amended to read:
SB285,13,118 48.38 (5) (b) The court or the agency shall notify the child, if he or she is 12 years
9of age or older
; the child's parent, guardian, and legal custodian; the child's foster
10parent, the operator of the facility in which the child is living, or the relative with
11whom the child is living; and, if the child is an Indian child who is placed outside the
12home of his or her parent or Indian custodian, the Indian child's Indian custodian and
13tribe of the date, time, and place , and purpose of the review, of the issues to be

1determined as part of the review, and of the fact that they may have an opportunity
2shall have a right to be heard at the review by submitting written comments not less
3than 10 working days before the review or by participating at the review
as provided
4in par. (bm) 1
. The court or agency shall notify the person representing the interests
5of the public, the child's counsel, the child's guardian ad litem, and the child's
6court-appointed special advocate of the date time, place, and purpose of the review,
7of the issues to be determined as part of the review, and of the fact that they may
8submit written comments not less than 10 working days before the review have an
9opportunity to be heard at the review as provided in par. (bm) 1
. The notices under
10this paragraph shall be provided in writing not less than 30 days before the review
11and copies of the notices shall be filed in the child's case record.
Note: 2009 Wis. Act 94, section 116, repealed and recreated s. 48.38 (5) (b) without
taking cognizance of the repeal and recreation of the provision by 2009 Wis. Act 79,
section 59. There is no mutual inconsistency between the treatments made by the two
acts, and the substantive changes made by Act 79 are made here in order to give effect
to both acts.
SB285, s. 24 12Section 24. 48.38 (5) (bm) 1. of the statutes, as affected by 2009 Wisconsin Act
1379
, section 61, is amended to read:
SB285,14,414 48.38 (5) (bm) 1. A child, parent, guardian, legal custodian, foster parent,
15operator of a facility, or relative who is provided notice of the review under par. (b)
16shall have a right to be heard at the review by submitting written comments relevant
17to the determinations specified in par. (c) not less than 10 working days before the
18date of the review or by participating at the review. A person representing the
19interests of the public, counsel, guardian ad litem, or court-appointed special
20advocate who is provided notice of the review under par. (b) may have an opportunity
21to be heard at the review by submitting written comments relevant to the
22determinations specified in par. (c) not less than 10 working days before the date of

1the review. A foster parent, operator of a facility, or relative who receives notice of
2a hearing review under par. (b) and a right to be heard under this subdivision does
3not become a party to the proceeding on which the review is held solely on the basis
4of receiving that notice and right to be heard.
Note: 2009 Wis. Act 79 deleted "review" without showing it as stricken and
inserted "hearing" without showing it as scored. No change was intended. The
proceeding under s. 938.38 (5) (b) is referred to as a "review" throughout the provision.
SB285, s. 25 5Section 25. 48.38 (5) (c) 7. of the statutes, as affected by 2009 Wisconsin Acts
679
and 185, is amended to read:
SB285,14,97 48.38 (5) (c) 7. Whether reasonable efforts were made by the agency to achieve
8the goal of the permanency plan, including, if appropriate, through an out-of-state
9placement,.
Note: 2009 Wis. Act 185 deleted a comma where the underscored comma is
inserted, but its reinsertion was made necessary by the treatment by 2009 Wis. Act 79.
Act 79 inserted the stricken comma, but it was rendered unnecessary by the treatment
by Act 185.
SB285, s. 26 10Section 26. The treatment of 48.38 (5) (d) of the statutes by 2009 Wisconsin
11Act 79
is not repealed by 2009 Wisconsin Act 94. Both treatments stand.
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